SOCIETE DES NATIONS. Lois communiquées par le Gouvernement du Rovaume-Uni concernant.terre-neuve. Note du Secrétaire général.

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1 SOCIETE DES NATIONS. C.496.M XI. Communiqué au Conseil Genève, le 25 octobre 1937 t aux Membres de la Société. TRAFIC DE L OPIUM ET AUTRES DROGUES NUISIBLES. Lois communiquées par le Gouvernement du Rovaume-Uni concernant.terre-neuve. Note du Secrétaire général. Conformément à 1 article 21 de la Convention de 1931 pour limiter la fabrication et réglementer la distribution des stupéfiants, le Secrétaire général a 1 honneur de transmettre ci-joint, aux Etats parties à ladite Convention ainsi qu aux autres Etats, les textes législatifs suivants : TERRE-NEUVE ; Loi sur les drogues nuisibles No 23 de Règlement d'application des articles 4 et 10 de la loi sus-mentionnée. LEAGUE OF NATIONS. TRAFFIC IN OPIUM AND OTHER DANGEROUS DRUGS. Laws communicated by the Government of the United Kingdom concerning Newfoundlan d, Note bv the Secretary-General. In accordance with Article 21 of the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs of 1931,.the Secretary-General has the honour to communicate herewith to the Parties to the Convention and to the other States the texts of the following law : NEWFOUNDLAND : Dangerous Drugs Act No. 23 of Regulations made by virtue of Sections 4 and 10 of the above-named Act. r "

2 1936 Dangerous Drug A ct No. 23 NEWFOUNDLAND AN ACT RELATING TO DANGEROUS DRUGS. flection 1. Interpretation. 2. Restriction on importation of raw opium and coca leaves. 3. Restriction on exportation of raw opium and coca leaves. 4. Power to make regulations controlling the production ui' an<î Sealing in raw opium or coca leaves. 5. Prohibition of export or import of prepared opium. 6. Prohibition of manufacturing, selling, using, etc., prepared opium. 7. Prohibition of importation and exportation of resin from the plant Cannabis sativa. 8. Prohibition of selling, etc., the plant Cannabis sativa and the resin therefrom. 9. Restriction on import and export of cocaine, etc. 10. Power to make regulations controlling the manufacture arid sale of cocaine, etc. 11- Drugs to which P art V applies. SECTION [6th July, 1936] Prohibition of trade, etc., in new drugs, and power to apply P art V with or without modifications to certain drugs. 13. The export of dangerous drugs. 14. The import of dangerous drugs 15. Dangerous drugs in transit. 16. Removal licences. 17. Drugs not to be altered or opened in transit. 18. The diversion of dangerous drugs. 19. Application of the provisions of the Customs and Revenue Acts. 20. Powers of inspection and seizure. 21. Improper possession of dangerous drugs 22. Offences and penalties. 23. Power of arrest. 24. Burden of proof. 25. Delegation of powers by Commissioner. 26. Repeal. 27. Short Title. Schedule.

3 Dangerous Drug A ct No. 23 A.D Interpretation. Be it enacted by the Governor, by and with the advice of the Commission of Government, as foüowt: 1. In this Act, unless the context otherwise requires (a) Cocaine means methyl-benzoyl lævoecgonine ( [a] D 20 = " in 20 per cent, solution of chloroform), of which the formula is C,7 H 21 n o 4. (b) Coca leaves means the leaves of the Erythroxylon Coca Lamarck and the Erythroxylou Novo-Granatense (Morris) Hieronymus and their variét és, belonging to the family of Erythroxylaceae and the leaf of other species of this genus from which it may be found possible to extract cocaine either directly or by chemical transformation. (c) Commissioner means the Commissioner for Public Health and Welfare. (d) Conveyance includes ship, motor veil de, aircraft, train, and any other means of transport by which goods may be brought into or taken from Newfoundland. (e) Corresponding law means any law stated in a certificate purporting to be issued by or on behalf of the Government of any country outside Newfoundland to be a law providing for the control and regulation in that country of the manufacture, sale, use, export and import of drugs in accordance with the prov sions of the Hague Convention, or of the Geneva Convention (No. 1), or of the Geneva Convention (No. 2) and any statement in any such certificate as to the effect of the law mentioned in the certificate, or any statement in any such certificate that any facts constitute an offence against that law, shall be conclusive.

4 Dangerous Drug A ct No. 23 ( ) Crude cocaine means any extract of the coca leaf which can be used directly or indirectly for the manufacture of cocaine. (g) Dangerous d ru g means (i) any substance to which Parts II and IV of this Act apply; (ii) subject to the provisions of any Order made in accordance with this Act any drug to which P art V of this Act shall for the time being apply. (h) Diaeetyhnorphine means diacetylmorphine, (diamorphine, heroin) having the formula c21 h m n o,. (i) Diversion certificate means a certificate issued by the competent authority of a country through which a dangerous drug passes in transit, authorizing the diversion of such drug to a country other than that specified as the country of ultimate destination in the export authorization, and containing all the particulars required to be included in an export authorization, together with the name of the country from which the consignment was originally exported. ( j) Ecgonine means lsevo-ecgonine ( [a] D20 -= 45 6" in 5 per cent, solution of w ater), of which the formula is C9 II l; N 0 3 H2 0, and all the derivatives of laevo-ecgonine which might serve industrially for its recovery. (k) Export authorization means an authorization issued by a competent authority in a country from which a dangerous drug is ex

5 Dahgerous Drug A ct No. 23 ported, containing full particulars of such drug, and the quantity authorized to be exported, together with the names and addresses of the exporter and the person to whom it is to be sent, and stating the country to which, and the period within which, it is to be exported. (1) E x p o rt with its grammatical variations and cognate expressions, in relation to Newfoundland, means to take or cause to be taken out of Newfoundland by land, air or water, otherwise than in transit. (m) Geneva Convention (No. 1 ) means the Convention signed on behalf of His Majesty on the 19th February, 1925, at a conference held at Geneva for the purpose of complet ng and strengthening the provisions of the Hague Convention. (n) Geneva Convention (No. 2 ) means the Convention signed on behalf of His M ajesty on the 13th July, 1931, for the purposes of limiting the manufacture and regulating the distribution of narcotic drugs. (o) Hague Convention means the International Opium Convent'on signed at The Hague oil the 23rd January, (p) ' Import authorization means a licence issued by a competent authority, authorizing the importation of a specified quantity of a dangerous drug and containing full particulars of the drug, together with the name and address of the person authorized to import the drug, the name and address of the perso n from whom the drug is to be obta ned, a n d specify

6 Dangerous Drug A ct No. '23 ing the period with'n which the importation must be effected. (q) Import certificate means a certificate substantially in the Form A set out in the Schedule hereto, issued by a competent authority in a country into which it is intended to import dangerous drugs. (r) Im port with its grammatical variations and cognate expressions, in relation to Newfoundland, means to bring or cause to be brought into Newfoundland by land, air or water, otherwise than in transit. (s) Indian hem p means (i) the dried fruiting or flowering tops of the pistillate plant known as Cannabis sativa from which the resin has not been extracted, by whatever name such tops are called ; (ii) the resins obtained from the Cannabis sativa ; (iii) all preparations of which such resins form the base ; and (iv) all leaves and stalks of the Cannabis sativa which are capable of being used for purposes of addiction. (t) In tran sit means taken or sent from any country and brought into Newfoundland by land, air or water (whether or not landed or transhipped in Newfoundland) for the sole purpose of being carried to another country either by the same or another conveyance.

7 Dangerous Drug A ct No. 23 (u) Medicinal opium means raw opium whicli has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form and whether it is or is not mixed with neutral substances. (v) M orphine means the principal alkaloid of opium havjng the chemical formula C,7 H19 n o 3. (w) Prepared opium means opium prepared foismoking and includes dross and any other residues remaining after opium has beën smoked. (x) Prescribed means prescribed by regulations. (y) Raw opium means the spontaneously coagulated juice obtained from the capsules of the Papaver somniferum L., which has only been submitted to necessary manipulations for packing and transport, whatever its content of morphine. (z) Regulations means regulations made under this Act by the Commissioner for Public Health and Welfare. PART IL RAW OPIUM AND COCA LEAVES Restriction on importation of raw opium and coca leaves. Restriction on exportation of raw opium and coca leaves. 2. It shall not be lawful for any person to import or bring into Newfoundland any raw opium or coca leaves execpf in accordance with the provisions of P art VI of this Act, and into the port of St. John s. 3. (1) It shall not be lawful for any person to export from Newfoundland any raw opium or coca leaves except in accordance with the provisions

8 1936 Dangerous Drug A ct No of Part VI of this Act, and from the port of St. John s. (2) If at any time the importation of raw opium or coca leaves into a foreign country is prohibited or restricted by the laws of that country, there shall, while that prohibition or restriction is in force, be attached to every export authorization which Is issued by the Commissioner under this Act authorizing the export of raw op "van or coca leaves from Newfoundland, such conditions as appear to him necessary for preventing or restricting, as the case may be, the exportation of raw opium or coca leaves from Newfoundland to that country during such time as the importation of raw opium or coca leaves into that country is so prohibited or restricted, and any such export authorization issued before the prohibition or restriction came into force shall, if the Commissioner so directs, be deemed to be subject to the like conditions. 4. The Commissioner may make regulations for con-power t0 trolling or restricting the product on, possession; sale andm akc reguladistribution of raw opium or coca leaves, and in partieu-^ sth^ ' " lar, but without prejudice to the generality of the fore-auction of and going power, for prohibiting the production, possession.^^.11^. ^ sale or distribution of raw opium or coca leaves except byor coca leaves, persons licensed or otherwise author zed in that behalf. PART m. PREPARED OPIUM _. Prohibition a. It shall not be lawful for any person to import or0f export bring into, or to export from, Newfoundland any prepared<>r import of 1 r\rono prepared rnn opium. opium.

9 6 Prohibition of manufacturing, selling, using, etc., prepared opium Dangerous Drug A ct No If any person (a) manufactures, sells or otherwise deals in prepared opium ; or (b) has in his possession any prepared opium; or (e) being the occupier of any premises pernuts those premises to be used for the purpose of the preparation of opium for smoking or the sale or smoking of prepared opium; or (d) is concerned in the management of any premises used for an)- such purpose as aforesaid; or (e) has in his possession any pipes or other utensils for use in connection with the smoking of opium, or any utensils used in connection with the preparation of opium for smoking; or (f) Smokes or otherwise uses prepared opium or frequents any place used for the purpose of opium smoking; he shall be guilty of an offence against this Act Prohibition of importation and exportation of resin from the plant Cannabis sativa. PART IV. INDIAN HEMP 7. (1) It shall not be lawful for any person to import or bring into or to export from Newfoundland any Indian hemp except in accordance with the provisions of P art V I of this Act and at the port of St. John s. (2) If at any time the importation of Indian hemp into a foreign country is prohibited or restricted by the laws of that country, there shall.

10 1936 Dangerous Drug Act No. 23 q while that prohibition or restriction is in force, be attached to every export authorization which is issued by the Commissioner under this Act authorizing the export of Indian hemp from Newfoundland, such conditions as appear to him necessary for preventing or restricting as the case may be the exportation of Indian hemp to that country during such time as the importation of Indian hemp into that country ie so prohibited or restricted and any such export authorization issued before the prohibition or restriction came into force shall, if the Commissioner so directs, be deemed to be subject to the like conditions. 8. Subject to the provisions of Section 7 of this Act, if Prohibition of r.iiy person selling, etc., the plant Cannabis (a) has in his possession, produces, sells or other*sativa?nd the rcsiu wise deals in any Indian hemp (excluding itstherefrom. extracts or tinctures) ; or (b) cultivates the plant Cannabis sativa, he shall be guilty of an offence under this Act. PAHT V. COCAINE, MORPHINE, ETC. 9. It shall not be lawful to import or bring into orrestriction 1 on import to export from Newfoundland any drug to which this part&nd export if this Act applies except in accordance with P art VI ofof cocaine> this Act, and at the port of St. John s. Power to 10. (1) For the purpose of preventing the improper 8* 6 regulause of the drugs to which this P art of this ÂctîingSthe manuapplies the Commissioner may make regula-factute and tions for controlling the manufacture, sale,8^ ^ etc

11 Dangerous Drug A ct No. 23 possession and distribution of those drugs, anti in particular, but without prejudice to the generality of the foregoing power, for (a) prohibiting the manufacture of any drug to which this part of this Act applies except on premises licensed for the purpose and subject to any conditions specified in the licence ; and (b) prohibiting the manufacture, sale or di= tribution of any such drug except by persons licensed or otherwise authorized under the regulations and subject to any conditions specified in the licence or authority ; and (c) regulating the issue by medical practitioners of prescriptions containing any such drug and the dispensing of any such prescriptions ; and (d) requiring persons engaged in the manufacture, sale or distribution of any such drug to keep such books and furnish such information either in writing or otherwise as may be prescribed. (2) The regulations under this section shall provide for authorizing any person who lawfu ly keeps open shop for the retailing of poisons in accordance with any law in that behalf for the time being in force (a) to manufacture at the shop in the ordinary course of his retail business any preparation, admixture, or extract of any drug to which this P art of this Act applies ; or (b) to carry on at the shop the business of retailing, dispensing, or compounding any such drug;

12 1936 Dangerous Drug A ct No subject to the power of the Commissioner to withdraw the authorization in the case of a person who has been convicted of an offence against this Act or of an offence under the Customs Act, or any other Act relating to the revenue for the time being in force, as applied by this Act, and who cannot, in the opinion of the Commissioner, properly be allowed to carry on the business of m anufacturing or selling or distributing, as the case may be, any such drug. (3) Nothing in any regulations made under this section shall be taken to authorize the sale, or the keeping of an open shop for the retailing, dispensing, or compounding of poisons by any person who is not qualified in that behalf under, or otherwise than in accordance with any law in that behalf for the time being in force, or to be in derogation of the provisions of any such law for prohibiting, restricting or regulating the sale of poisons. 11. (1) The drugs to which this Part of this Act ap Drugs to piies «*- (a) medicinal opium ; (b) any extract or tincture of Indian hemp : (c) morphine and its salts, and diacetylmorphine (commonly known as diamorphine or heroin) and other esters of morphine and their respective salts ; (d) cocaine (including synthetic cocaine) and ecgonine and their respective salts, and the esters of ecgonine and their respective salts : f e) any solution or dilution of morphine or cocaine or their salts in an inert substance v^pifr

13 Dangerous Drug A ct No. 23 whether liquid or solid, containing any proportion oi morphine or cocaine, and any preparation admixture, extract or other substance (not being such a solution or dilution as aforesaid) containing not less than one-fifth per cent, of morphine or one-tenth per cent, of cocaine or of ecgonine; (f) any preparation, admixture, extract or other substance containing any proport on of diacetylmorphine ; (g) dihydrohydroxj^codeinone, dihydroeodeinone, ' dihydromorphinone, aeetyldihydrocodeinone, dihydromorphine, their esters and the salts of any of these substances and of their esters, morph ne-n-oxide (commonly known as genomorphine), the morphine-n-oxide derivatives, and any other pentavalent nitrogen morphine derivatives ; (h) thebaine and its salts, and (with the exception of methylmorphine, commonly known as codeine, and ethylmorphine, commonly known as dionin, and their respective salts) benzylmorphine and the other ethers of morphine and their respective salts ; (i) any preparation, admixture, extract or other substance containing any proportion of any of the substances ment oned in paragraph (g) or in paragraph (h) of this sub-section. b'or the purpose of the foregoing provision (i) the percentage in the case of morphine shall be calculated as in respect of anhydrous morphine ; and

14 Dangerous Drug A ct No. 23 (ii) percentages in the case of liquid preparations shall, unless other provision in that behalf is made by regulations, be calculated on the basis that a preparation containing one per cent, of any substance means a preparation in which one gramme of the substance, if a solid, or one millilitre of the substance, if a liqu d, is contained in every one hundred millilitres of the preparation, and so in proportion for any greater or less percentage. (2) If it appears to the Commissioner that any new derivative of morphine or cocaine or of any salts of morphine or cocaine or any other alkaloid of opium or any other drug of whatever kind is or is likely to be productive, if improperly used, or is capable of being converted into a substance which is or is likely to be productive, if improperly used, of ill-effects substantially of the same character or nature as or analogous to those produced by morphine or cocaine, the Commissioner may by order declare that this P art of this Act shall apply to that new derivative or alkaloid or other drug in the same manner as it applies to the drugs mentioned in sub-section (1) of this section and may make verbal alterations in the list of drugs specified in sub-section (1) incidental to the declaration contained in such order. (3) If the Commissioner thinks fit, by Order, to declare that a finding with respect to any preparation containing any of the drugs to which this P art of this Act applies has, in pursuance of Article 8 of the Geneva Convention (No. 1) been communicated by the Council of the League of Nations to the parties to the said Convention, the provisions of this P art of this Act shall as from such date as may be specified

15 Dangerous Drug A ct No. 23 in the Order cease to apply to the preparation specified therein. Prohibition of trade, etc., in new drugs, and power to apply P art V. with or without modifications to certain drugs. 12. (1) It shall not be lawful for any person to trade in or manufacture for the purpose of trade any products obtained from any of the phenanthrene alkaloids of opium or from the ecgonine alkaloids of the coca leaf, not being a product which was on the 13th day of July, 1931, being used for medical or scientific purposes : Provided that if the Commissioner is at any time satisfied as respects any such product that it is of medical or scientific value, he may by Order direct that this sub-section shall cease to apply to that product. (2) If it is made to appear to the Commissioner th at a decision with respect to any such product as is mentioned in sub-section (1) o'f this section has in pursuance of Article 11 of the Geneva Convention (No. 2) been communicated by the Secretary-General of the League of Nations to the parties to the sa d Convention, he may by Order as the case requires, either declare that the provisions of this Part of this Act shall apply to that product in the same manner as they apply to the drugs mentioned in sub-section (1) of Section 11 or apply the provisions of this part of this Act to that product with such modifications as may be specified in the Order. (3) The Commissioner may by Order apply the provisions of this Part of this Act, with such modifications as m ay be,specified in the Order, to any of. the following drugs, that is to say;

16 1936 Dangerous Drug A ct No. S3 methy 1-morphine (commonly known as codeine), ethylmorphine (commonly known as dionm) and their respective salts. PART VI. CONTROL OP EXTERNAL TRADE 13. (1) Upon the production of an import certificatetj,e export duly issued by the competent authority in any of dangerous country, it shall be lawful for the Commission-drugs' er to issue an export authorization in the Form B set out in the Schedule hereto in respect of any drug referred to in the import certificate to any person who is named as the exporter in such certificate, and is, under the provisions of this Act, otherwise lawfully entitled to export such drug from Newfoundland. The export authorization shall be prepared in triplicate and two copies shall be issued to the exporter who shall send one copy with the drug to which it refers when such drug is exported. The Commissioner shall send the third copy direct to the appropriate authority of the country of ultimate destination. Where the intended exportation is to a country which is not a party to the Geneva jconvention (No. 1), it shall not be necessary to produce an import certificate as aforesaid. In a1! cases it shall be in the absolute discretion of the Commlissioner to issue or refuse an export authorization, as he may see fit. (2) No dangerous drug shall be exported from Newfoundland unless the consignor is in possession of a valid and subsisting export authorization relating to such drug granted under this Act. (3) At the time of exportation of any dangerous drug the exporter shall produce to the proper

17 Dangerous Drug A ct No. 23 officer of Customs the dangerous drug, the export authorization relating thereto, and such other evidence as such officer of Customs may require to satisfy him that the drug is being lawfully exported to the place and person named in the authorization which refers to it. (4) No person shall export, cause to be exported, or take any steps preparatory to exporting any dangerous drug from Newfoundland except in pursuance of and in accordance with the provisions of this Act. The import of dangerous drug».. (1) An import authorization in the Form C set out in the Schedule hereto permitting the importation into Newfoundland of any dangerous drug specified therein may be granted by the Commissioner subject to such conditions as he shall deem fit to any person who may lawfully Import such drug. (2) W here an import authorization is issued in pursuance of sub-section (1) of this section, the Commissioner shall also issue, in relation to the dangerous drug intended to be imported, an import certificate (Form A) which shall be forwarded by the intending importer to the person from whom the drug is to be obtained. When the importer to whom an import authorization is issued under this section intends to import the drug or drugs to which such authorization relates in more than one consignment, a separate import certificate shall be issued to him in respect of each such consignment. (3) No dangerous drug shall be imported into Newfoundland unless the person to whom the drug is consigned is in possession of a valid and subsisting import authorization granted in pursuance of this section.

18 1936 Dangerous Drug A ct No (4) Every dangerous drug imported into Newfoundland from a country which is a party to the Geneva Convention (No. 1) shall be accompanied by a valid and subsisting export authorization or diversion certificate. (5) No person shall import, cause to be imported, or take any steps preparatory to importing, any dangerous drug into Newfoundland except in pursuance of and in accordance with the provisions of this Act. 15. (1) No person shall bring any dangerous drug t o ^ 1ggeri ue Newfoundland in transit unless transit. (a) the drug is in course of transit from a country from which it may lawfully be exported, to another country into which such drug may lawfully be imported ; and (b) except where the drug comes from a country not a party to the Geneva Convention (No. 1), it is accompanied by a valid and subsisting export authorization or diversion certificate, as the ease may be. (2) Where any dangerous drug in transit is accompanied by an export authorization or diversion certificate and the Commissioner has reasonable grounds for believing that such authorization or certificate is false, or that it has been obtained by fraud or wilful misrepresentation of a material particular, it shall be lawful for the Commissioner to authorize the proper officer of Customs to seize and detain the drug to which such authorization or certificate relates. Upon being satisfied that such authorization or certificate is valid or has not been obtained by fraud or misrepresentation as aforesaid the Commissioner shall authorize the proper officer of Customs to release the drug.

19 Dangerous Drug A ct No. 23 (3) Where the dangerous drug in transit is not accompanied by an export authorization or diversion certificate by reason of the fact that the drug comes from a country not a party to the Geneva Convention (No. 1) and the Commissioner has reasonable grounds for believing that such drug is being conveyed in an unlawful manner or for an unlawful purpose or is in course of transit for the purpose of being imported into another country in contravention of the laws of that country it shall be lawful for the Commissioner to authorize the proper officer of Customs to seize and detain the drug. (4) Where a dangerous drug brought into Newfoundland in transit is landed, or trans-shipped in Newfoundland, it shall be moved only under and in accordance with a removal licence granted in pursuance of Section 16 hereof. (5 1 Nothing in this section contained shall be deemed to apply to any dangerous drug in transit by post or in transit by air if the aircraft passes over Newfoundland without landing, or to such quantities of dangerous drugs as may, bona fide, reasonably form part of the medical stores of any ship or aircraft. Removal licences. 16. (1) No person shall (a) remove any dangerous drug from the conveyance by which it is brought into Newfoundland in transit ; or (b) in any way move any such drug in Newfoundland at any time after removal from such conveyance, except under and in accordance with a licence (in the Form D set

20 1936 Dangerous Drug A ct No out in the Schedule hereto and in this Act referred to as a Removal Licence ) issued by the Commissioner. In all cases it shall be in the absolute discretion of the Commissioner to issue or refuse a removal licence as he shall deem fit. (2) No removal licence fotr the transfer of any such drug to any conveyance for removal out of Newfoundland shall be issued unless and until a valid and subsisting export authorization or diversion certificate relating to it is produced to the Commissioner save that where the drug has come from a country not a party to the Geneva Convention (No. 1) this sub-section shall not apply.. (3) The provisions of this section shall not apply to dangerous drugs in transit by post. Drugs not to 17. It shall be unlawful for any person to cause any be altered or dangerous drug in transit to be subjected to any process^nsit m which would alter its nature, or wilfully to open or break any package containing a dangerous drug in transit except upon the instructions of the Commissioner and in such manner as he may direct. 18. (1) No person shall, except under the authority^1dangerous11 of a diversion certificate in the Form E set outdrugs. in the Schedule hereto, cause or procure any dangerous drug brought into Newfoundland in transit to be diverted to any destination other than that to which it was originally consigned. In the case of any drug in transit accompanied by an export authorization or a diversion certificate issued by a competent authority of some - other country, the country to which the drug was originally consigned shall be deemed to be the country stated in such export authorization or diversion certificate to be the country of destination.

21 Dangerous Drug A ct No. 23 (2) The Commissioner may in his absolute discretion issue a diversion certificate in respect of any dangerous drug in transit upon production to him of a valid and subsisting import certificate issued by a competent authority in the country to which it is proposed to divert the drug, or if that country is not a party to the Geneva Convention (No. 1) upon such evidence as may satisfy him that the drug is to be sent in a lawful manner and for a proper purpose. (3) A diversion certificate shall be issued in duplicate. One copy thereof shall accompany the drug when it is exported from Newfoundland. Another copy shall be despatched by the Commissioner direct to the proper authority in the country to which the consignment has been diverted. (4) Upon the issue of a diversion certificate the export authorization or diversion certificate (if any) accompanying the drug on its arrival in Newfoundland shall be detained by the Commissioner and returned to the authority issuing such authorization or diversion certificate together with a notification of the name of the country to which such drug has been diverted. PART vn. MISCELLANEOUS Application of the provisions of the Customs and Revenue Acts. 19. (1) Articles prohibited to be imported by virtue of this Act shall be deemed to be included among any goods enumerated and described in the Customs Act, or in any other Act relating to the revenue for the time being in force, as prohibited or restricted inwards, and the provisions of this Act relating to the prohibition of the export of articles shall have effect as

22 1936 Dangerous Drug Act No though they were included in such Act, and the provisions of such Act and of any Act amending or extending such Act shall apply accordingly. (2) If any goods prohibited to be exported by virtue of this Act are exported from Newfoundland in contravention thereof, or brought to any quay or other place to be shipped or unshipped or carried coastwise or are waterborne for the purpose of being so exported, the exporter or his agent shall be liable to the same penalties as those to which a person is liable under the Customs Act, or any other Act relating to the revenue for the time being in force, for illegally exporting prohibited goods. 20. (1) Any police officer or other person au th o rized P o w ers of in that behalf by any general or special order^ r e of the Commissioner si all, for the purposes of the execution of this Act, have power to enter the land or buildings of any person carrying on the business of a producer, manufacturer, seller or distributor of any drugs to which this Act applies, and to demand the production of and to inspect any books or documents relating to dealings in any such drugs and to inspect any stocks of any such drugs. (2) If a M agistrate is satisfied by information en oath that there is reasonable ground for suspecting that any drugs to which this Act applies are, in contravention of the provisions of this Act or of any regulations made thereunder, in the possession or under the control of any person in any place, or that any document directly or indirectly relating to or connected with any transaction or dealing which was, or any intended transaction or dealing which would if carried out be, an offence against this Act, or in the case of a transaction or dealing

23 Dangerous Drug A ct No. % carried out or intended to be carried out in any country outside Newfoundland, an offence against the provisions of any corresponding law in force in that country, is in the possession or under the control of any person in any place, he may grant a search warrant authorizing any police officer named in the warrant, at any- time or times within one month from the date of the warrant, to enter, if need be by force, the place named in the warrant, and to search the place and any person found therein,. and if there is reasonable ground for suspecting that an offence against this Act has been committed in relation to any such drugs which may be found in the place or in the possession of any such persons, or that any document which may be so found is such a document as aforesaid, to seize and detain those drugs or that document, as the case may be. (3) If any person wilfully delays or obstructs any police officer or other authorized person in the exercise of his powers under this section or fails to produce or conceals or attempts to conceal any such books, stocks, drugs or documents as aforesaid, he shall be guilty of an offence against this Act. Im proper possession of dangerous drugs. Offences and penalties. 21. When any drugs to which this Act applies are found in possession of any person or deposited in a dwelling place, ship, vehicle, shop or store, there being no proper authority for their being in such possession or place, such person or the occupier of such dwelling place, ship, vehicle, shop or store, unless he can prove that the same were deposited there without his knowledge or consent, and also the owner of, or other person guilty of keeping, the drugs, shall be guilty of an offence against this Act. 22. (1) Any person

24 1936 Dangerous Drug Act No (a) who acts in contravention of, or fails to comply with any of the provisions of this Act or of any regulations made under this Act; or (b) who acts in contravention of, or fails to comply with, the conditions of any licence issued or authority granted under or in pursuance of this Act; or (c) who for the purpose of obtaining, whether for himself or for any other person, the issue, grant or renewal of any such licence or authority as aforesaid, makes any declaration, or statement which is false in any particular, or knowingly utters, produces or makes use of any such declaration or statement or any document containing the same; or (d) who in Newfoundland aids, abets, counsels or procures the commission in any country outside Newfoundland of any offence punishable under the provisions of any corresponding law in force in that country, or does any act preparatory to, or in furtherance of, any act which if committed in Newfoundland would constitute an offence against this Act; shall be guilty of an offence against this Act. (2) Every person guilty of an offence against this Act shall, in respect of each offence, be liable (a) on conviction upon indictment, to a fine not exceeding five thousand dollars, or to imprisonment for a period not exceeding ten years, with or without hard labour, or to both such fine and imprisonment ; or

25 1936 Dangerous Drug A ct No. 23 (b) on summary conviction, to a fine not exceeding four hundred dollars, or to imprisonment, with or without hard labour, for a period not exceeding twelve months, or to both such fine and imprisonment : and shall, in every ease on conviction for the offence, forfeit to His Majesty all articles in respect of which the offence was committed, and the court before which the offender was convicted may order any forfeited articles to be destroyed or otherwise d'sposed of as the court thinks fit. Provided always that no person shall, on conviction for any offence of contravening or failing to comply with any regulation under this Act relating to the keeping of books or the issuing or dispensing of prescriptions containing drugs to which this Act applies, be sentenced to imprisonment without the option of a fine or to pay a fine exceeding two hundred and fifty dollars, if the court dealing with the case is satisfied that the offence was committed through inadvertence and was not preparatory to. or committed in the course of, or :n connection with, the commission or intended commission, of any other offence against this Act. (3) If any person attempts to commit an offence against this Act, or solicits or inc tes another person to commit such an offence, lie shall, without prejudice to any other liability be liable to the same punishment and forfeiture as if he had committed an offence under th's Act. (4) W here a person convicted of an offence under this A ct is a company, the chairman and every director and every officer concerned in the management of the company shall be girl!y of the like offence unless he proves that the act

26 1936 Dangerous Drug A c t No constituting the offence took place without his knowledge or consent. 23. Any police officer may arrest without w arrant anypower 0f person who has committed, or attempted to commit, or isarreatreasonably suspected by the police officer of having committed or attem pted to commit, an offence against this Act, if he has reasonable grounds for believing th at' that person will abscond unless arrested, or if the name and address of that person are unknown to and cannot be ascertained by him. 24. In any proceedings against any person for anburde i of offence against this Act, it shall not be necessary toproofnegative by evidence any license, authority or other m atter of exception or defence, and the burden of proving any such m atter shall lie on the person seeking to avail himself thereof. 25. Any document authorized to be issued or any Delegation of act authorized to be done by the Commissioner under Sec-powers by tions 3, 10 (2), 13 (1), 14 (1) and (2), 15 (2), (3) and (4) C mmissioner. 16 (1) and (2), 17, 18 (2), (3) and (4) or 20 (1) of this Act may be issued or done by any officer of the D epartment of Public Health and Welfare thereto in writing authorized by the Commissioner ; and any such document shall be deemed to be sufficiently signed if it bears the printed, stamped or facsimile signature of the Commissioner and the w ritten counter-signature of such authorized officer. 26. The Dangerous Drugs Act, 1922, is hereby re-be eil pealed. 27. This Act may be cited as the Dangerous Drugs Act, short Title

27 26 Schedule Dangerous Drug A ct No. 23 SCHEDULE FORM A. IMPORT CERTIFICATE Serial No. issued by Government of Newfoundland. File No.. (Section 14 (2) ), INTERNATIONAL OPIUM CONVENTIONS Certificate of Official Approva1 of Import. *Here insert name, address and business of importer. I, being the person charged w th the administratio of the law relating to dangerous drugs to which the International Opium Conventions apply, hereby certify that I have approved the importation by* th ere insert exact description and am ount of drugs to be imported. JHere insert name and address of firm in exporting country from which the drug is to be obtained. o ft froml subject to the conditions that: (i) the consignment shall be imported before the ; and (ii) the consignment shall be imported b y......and th at I am sat'sfied that the consignment proposed to be imported is required solely for medicinal or scientific purposes. (Signature of the Commissioner for Public Health and Welfare.) (Date)

28 1936 Dangerous Drug A ct No. 23 Footnote : THIS DOCUMENT IS SOLELY FOR PRODUCTION TO THE GOVERNMENT OF THE COUNTRY FROM WHICH THE DRUG IS PROPOSED TO BE OBTAINED. FORM B. (Section 13 (1) ). Serai No... File N o... A pplicant s Refce. N o... THE DANGEROUS DRUGS ACT, (NEW FOUNDLAND) Export Authorization In pursuance of the Dangerous Drugs Act, 1936, the Commissioner for Public Health and Welfare hereby authorizes to export from (hereinafter called the exporter ) «gfr^ e out words not (1 )* the port of by S.S. applicable. (2)* Newfoundland by Parcel Post in.... parcels from the Post Office in to in virtue of Import Certificate N o... dated... issued by the following drugs, namely : This authorization is issued subject to the following conditions : 1. This authorization is not a licence to obtain or be in possession of the drugs named herein. 2. This authorization is available only for drugs of he exact quantity, kind and form specified above.

29 1936 Dangerous Drug A d No This authorization does not relieve the exporter from compliance with any Customs or Revenue Acts or regulations in force for the time being relating to the exportation of goods from Newfoundland nor from any provisions of the Postal Acts, or Post Office Regulations for the time being in force, nor from any rules or regulations respecting the transmission of articles by post which may for the time being be in force, whether within Newfoundland or elsewhere. 4. If the drugs are authorized to be exported by ship the Duplicate Copy, which is attached, shall accompany the consignment to the place of destination, and for this purpose the exporter shall cause it to be delivered to the master of the vessel by which the consignment is despatched. (See footnote (3) ). 5. If the drugs are authorised to be exported by post the attached Duplicate Copy shall be placed inside the. outer wrapper of the parcel containing the drugs. If the drugs are contained in more than one parcel, the Duplicate Copy shall be placed inside the outer wrapper of one of them ; the parcels shall be consecutively numbered on the outer wrapper, and on each parcel there shall be legibly stated the number of the parcel in which the Duplicate Copy is to be found. (See footnote (2) ). 6. The exporter, if so required by the Commissioner or the proper officer of Customs, shall produce to him, within such time as he may allow, proof to his satisfaction that the said drugs were duly delivered at the destination named in this authorization and in the event of non-compliance with this condition the authorization shall be deemed void and of no effect.

30 1936 Dangerous Drug Act N o The exporter shall furnish to the Commissioner such returns of the goods exported by h'm in pursuance of this authorization as may from time to time be required. 8. This authorization is valid only for the exporter named above and may be revoked at any time by the Commissioner. It shall be produced for inspection when requ'red by any duly authorized person. 9. This authorization, unless sooner revoked, shall continue in force for three calendar months from the date hereof. It must be produced, at the time of export, to an officer of (1)* the Customs Department, (2)* the Post Office, who will retain it. Strike out the words not applicable. If not used it shall be surrendered to the Commissioner within seven days of- the date of its expiry. (Date) (Signature of Commissioner for Public Health and W elfare). NOTE (1) If any alteration is desired in this authorization it must be returned with a request for amendment and a statement of the reasons therefor. No unauthorized alteration is permissible. (2) In the case of drugs exported by post failure to comply with this condition may lead to delay or confiscation of the parcels in the country of destination. (3) In the case of drugs exported by sh^p this document is required in pursuance of the In- «

31 Dangerous Drug Act No. 23 ternational Opium Convention, 1925, Article 15, to be produced to the competent authorities of any country through which the consignment passes, whether it is transh pped or not. Failure to comply with the cond tion may lead to delay or confiscation of the consignment. FORM C. (Section 14 (1) ), Authorization N o... File N o... TH E DANGEROUS DRUGS ACT, (NEWFOUNDLAND ) Import Authorization Here insert name and full postal address of importer.. In pursuance of the Dangerous Drugs Act, 1936, (hereinafter called the A ct ), the Commissioner hereby authorizes (hereinafter called the im porter ) to import the drugs specified in the Schedule hereto, from Here insert name and full postal address of exporter. This authorization is issued subject to the following conditions : 1. The drugs shall be imported before (date). 'A. This authorization s not a licence to be in possession of or to supply the drug imported.»

32 1936 Dangerous Drug A ct No This authorization does not relieve the importer from compliance with any Customs or Revenue Acts or regulations in force for the t.me being relating to the importation of goods into or transhipment of goods in Newfoundland, or any Postal Acts or Post Office regulations for the time being in force in Newfoundland. 4. This authorization is vald only for the importer and may be revoked at any time by the Commissioner, to whom it shall in that event be immediately surrendered. It shall be produced for inspection when required by any duly authorized person. 5. This authorization unless sooner revoked shall be produced to the proper officer of (Customs at the time of importation and shall be surrendered to the proper officer of Customs at the time when the last consignment of drugs is imported. 6. If the importation of all the drugs specified in the Schedule is not effected before the date specified in condition No. 1 this authorization shall immediately after that date be surrendered to the Commissioner. 7. The copy of the export authorization, if any, which accompanies the drugs shall be forwarded to the Commissioner immediately the importation of the drugs has been effected. (Date) (Signature of the Commissioner for Public Health and Welfare.) SCHEDULE specifying the drugs and quantities thereof to be imported : (Here follows Schedule) THIS AUTHORIZATION IS NOT TO LEAVE THE POSSESSION OF THE IMPORTER UNTIL IT IS SUR RENDERED TO THE COMMISSIONER OR TO THE PROPER OFFICER OF CUSTOMS (who will complete the certificate on the back and return the Authorization to the Commissioner).

33 ENDORSEMENT BY O FFIC E R OF CUSTOMS at the time of Importation Date Description of drugs imported Number and date of Export Authorization Quantity How imported e.g., ex...(in the case of a ship), or by registered parcel post or by insured box post. Customs entry, or Parcel No. Signature mark and station of Customs Officer T h is A u th o riz a tio n w h e n a ll th e d r u g s to w h ic h i t re la te s h a v e b e e n im p o rte d, m u s t be r e tu r n e d b y th e officer o f C u sto m s to th e C o m m issio n er Dangerous Drug Act No. 23

34 1936 Dangerous Drug A ct N o. 23 FORM D. (Section 16 (1) ). THE DANGEROUS DRUGS ACT, (NEW FOUNDLAND) Licence for the removal of dangerous drugs in transit...is hereby authorized to move the dangerous drugs described hereunder from... to... Nature and quantity of dangerous d ru g s... Particulars of export authorization (or diversion certificate) if any relating thereto... Name of ship on which the drugs were brought into Newfoundland... Date of arrival... Number of packages... Marks and numbers on packages... This licence is issued subject to the following conditions : (1) Th's licence is valid only for the removal of the drugs specified above. (2) The removal of the drugs shall take place bea.m. a.m. tween... and... 'on the p.m. p.m. (3) If the removal of the drugs does not take place within the hours and on the day specified, this licence

35 1936 Dangerous Drug A ct No. 23 must be returned to the Commissioner forthwith ; and in any ease shall be surrendered when the removal has taken place. (4) The drugs must not be moved unless the proper officer of Customs is present. (5) This licence does not authorize the person named above to be in possession of the drugs otherwise than for the purpose of removing them in accordance with this licence. (6) The packages containing the drugs are not to be opened or broken in the course of the removal. (7) This licence shall be produced at any time when required by a duly authorized person. (Date) (Signature of the Commissioner for Public Health and Welfare). FORM E. (Section 18 (1) ). INTERNATIONAL OPIUM CONVENTIONS NEWFOUNDLAND Diversion Certificate I, being the person charged with the administration of the law relating to the dangerous drugs to which the International Opium Conventions apply, hereby certify that I have authorized the diversion of the consignment of drugs, of which particulars are given below, to the destination stated below. Description and quantities of drugs... Name of vessel on which the consignment was brought to Newfoundland...

36 1936 Dangerous Drug A ct N o. 23 Name and address of the exporter... Number and date of export authorization and authority by whom issued... Name and address of original consignee named in the export authorization... Name and address of consignee to whom the consignment is authorised to be diverted... Number and date of import certificate (and authority by whom ssued) by virtue of which this diversion is authorized... Name of vessel on which the consignment is authorized to be carried from Newfoundland...»... Period w thin which the consignment is to be carried! from Newfoundland... This certificate is issued subject to the following conditions : (1) The duplicate copy of this certificate shall accompany the consignment to the place of destination and for this purpose shall be delivered to the master of the vessel by which the consignment is dispatched. (2) This certificate does not relieve any person who may be concerned with the carriage of the consignment of drugs specified above from compliance with any Customs regulations in force for the time being relating to the exportation of goods from Newfoundland.

37 1936 Dangerous Drug A ct No.?3 (3) This certificate is valid only for the consignment and for the period specified above, and may be revoked at any time. (4) If the consignment of drugs is not carried from Newfoundland within the period specified above, this certificate shall be surrendered to the Commissioner for Public Health and Welfare. (5) This certificate shall be produced at any time when required by a du'y authorized person. (Date) (Signature of the Commissioner for Public Health and Welfare),. NOTE: (1) If any alteration is desired in this authorization, it must be returned with a request for amendment and a statement of the reasons:' therefor. No unauthorized alteration is permissible. (2) This document is required in pursuance of the International Opium Convention, Article 15, to be produced to the competent authorities of any country through which the consignment passes, whether it is transhipped or not. Failure to comply with this condition may lead to delay or confiscation of the consignment. David 11. Thistle, King s Printer.

38 REGULATIONS k r. -. '» / BULLETIN Under the Dangerous Drugs Act, NEW FOUNDLAND, 1936 The follow ing R egulations have been m ade b y m e u n d er and by virtue of Sections 4 an d 10 of th e A ct No. 23 of 1936, entitled th e Dangerous D rugs Act, E. N. R. TRENTHAM, A cting C om m issioner for P ublic H ealth and W elfare Dated the 5th d ay o f N ovem ber A.D No person sh all m a n u factu re an y drug to w hich P a rt II o r P a rt V of the D angerous D rugs A ct, 1936, applies, except on prem ises licensed for th e purpose by th e C om m issioner for P ublic H ealth and W elfare. 2. No person (except a re ta il druggist d u ly registered) shall m an u facture, sell or distribute- any d ru g to w hich P a rt II or P a rt V of the D angerous D rugs A ct, 1936, applies, w ith o u t first having ob tained a licence th e refo r fro m th e C om m issioner for P ublic H ealth and W elfare. 2. A person w ho law fu lly keeps open shop for th e retailing of poisons, in accordance w ith any law in th a t behalf for th e tim e being in force, m ay m an u factu re at the shop in the o rd in ary course of his retail business an y prep aratio n, ad m ix tu re or ex tract of any drug to w hich P a rts II an d V of th e D angerous D rugs Act, 1936, applies; P ro v id ed su ch person keeps such records as are required by R egulation 5 hereof. 3. A person w ho law fu lly keeps open shop for th e retailing of poisons, in accordance w ith any law in th a t behalf fo r the tim e being ill force, m ay carry on a t th e shop th e business cf retailing, dispensing or com pounding a n y d ru g to w hich P a rts II and V of the Dangerous D rugs A ct, 1936, applies; provided such person keeps such records as are re q u ired by R egulation 6 hereof.

39 5. E very m a n u fa ctu re r o r d ealer licenced u n d e r th e D angerous Drugs Act, 1936, shall m ak e an d p reserv e a record, in a suitable book k ep t fo r such purpose, of th e n am e and q u an tity of an y drug mentioned in P a rt II an d P a rt V of th e D angerous D rugs Act, w hich he m ay receive, w h eth er b y purch ase or otherw ise, the date of receiving such drug, an d th e nam e and address of the person r from w hom th e sam e w as received, the nam e an d quantity cf such d ru g used fo r m an u factu rin g an d th e nam e and quantity o ths article of p re p ara tio n m a n u factu red in w hole o r in p a rt from such drug, th e nam e an d address of th e person to w hom he gives, sells or fu rn ish es an y su ch drug, th e date of such sale and th e name and th e q u an tity of such drug, and th e fo rm in w hich sold; all such records shall be so k ep t th a t th e q u an tity of such drug or drugs on h an d a t th e e n d of each calendar m onth shall be therein shown. C. E very re ta il dru g g ist reg istered u n d er th e provisions of Chapter 43 of th e C onsolidated S tatu tes (T h ird Series) 1916, carrying on a business in a bona fide shop or store shall m ake and keep in such shop or sto re a record, in a suitable book k e p t for such purpose, of th e iiam e and q u an tity of an y d ru g m entioned in P a rt II and Part V of the D angerous D rugs A ct, 1936, w hich he m ay receive whether by p u rch ase o r otherw ise, the date of receiving such drug and the nam e an d address of th e person fro m w hom th e sam e w as received; and the nam e and address of e v ery p erson to w hom he gives, sells or fu rn ish es such drugs, th e d ate of such sale and the name and q u a n tity of such drug; an d e v e ry such druggist w ho gives, sells or fu rn ish es any d ru g m entioned in P a rt II an d P a rt V of the said A ct upon a w ritte n o rd er o r prescrip tio n signed by a duly authorized and p ractisin g physician, sh all keep a reco rd of the name and add ress of th e physician signing such ord er or prescription, the date of filling such o rd er or p rescrip tio n an d th e nam e and address of th e person fo r w hose use th e p rescrip tio n w as granted, the name of th e d ru g an d th e q u an tity fu rn ish ed on such prescription, which reco rd sh all be attested b y th e sig n atu re of a druggist registered u n d e r th e provisions of th e said C h ap ter 43 of th e Consolidated S tatu tes (T h ird S eries) W here an y such druggist carries on a business a t m o re th a n one set of prem ises he shall m ake and keep a sep arate reco rd in accordance w ith this R egulation in and in respect of each set of prem ises. 7. E very reg istered m edical p ractitio n er shall, a t the request of the C om m issioner for P u b lic H ealth and W elfare, furnish him with a statem en t, in w riting, of th e nam e and q u an tity of any of ths drugs m entioned in P a rt II and P a rt V of th e D angerous D rugs Act, th a t h e m ay h av e received, dispensed, prescribed, given away, sold o r d istributed. N OTE: T he drugs re fe rred to in P a rt II and P a rt V of the D angerous D rugs Act, 1936, are:

40 1. Raw Opium. I, Coca Leaves. 3. Medicinal O pium. 4, Any ex tract o r tin ctu re of In d ian Hem p. 5. M orphine an d its salts, an d diacetylm orphine (com m only know n as diam orphine or h eroin) and other esters of m orphine and their respective salts; 6, Cocaine (including synthetic cocaine) and ecgonine and th e ir re spective salts, an d th e esters of ecgonine and th e ir respective salts; I Any solution o r dilution of m orphine or cocaine or th e ir salts in an in ert substance w h eth e r liquid or solid, containing any p ro pci lion of m orphine or cocaine, and a n y preparation, adm ixture, extract or o th er substance (not being such a solution or dilution as aforesaid) containing not less th a n one-fifth p er cent, of morphine or o n e-ten th p e r cent, of cocaine or of ecgonine; 8. Any preparation, ad m ix tu re, e x tra c t or other substance containing any proportion of diacetylm orphine; 9. D ihydrohydroxyeodeinone, dihydrocodeinone, dihydrom orphinone, acetyldihydrocodeinone, dihydrom orphine, th e ir esters an d the salts of any of these substances an d of th e ir esters, m o rphine-n - oxide (com m only kno w n as g enom orphine), th e m orphine-n -oxide derivatives an d an y o th er p en ta v a le n t n itrogen m orphine derivatives; 10. Thebaine an d its salts, an d (w ith the exception of m ethylm orphine, commonly know n as codeine, and ethylm orphine, com m only known as dionin, an d th e ir respective salts) benzylm orphine and the other eth ers of m o rp h in e an d th e ir respective salts; 11. Any preparation, ad m ix tu re, e x tract o r other substance containing an/ proportion of any of th e substances m entioned in p aragraph (6 ) or in p ara g ra p h ( 1 0 ) of this sub-section. (G azetted, N ovem ber 10, 1936)